Chapter 12.12 — REGULATING BENCHES ON PUBLIC RIGHTS-OF-WAY

REGULATING BENCHES ON PUBLIC RIGHTS-OF-WAY

As used in this chapter.

"Bench" shall mean any seat located upon public property along any public way for the accommodation of passersby or persons awaiting transportation.

"Street" shall mean any public thoroughfare or way including the sidewalk, the parkway and any other public property bordering upon a public way. (Prior code § 8-3.1)

No person shall place, install or maintain any bench on any street within the City without first obtaining a written permit therefor from the City Manager. A separate permit must be obtained for each bench, which permit shall be valid only for the particular location specified therein. Each permit shall bear a separate number.

(Prior code § 8-3.2)

• A. The City Manager shall prepare or cause to be prepared forms of application to be used pursuant to this chapter.

• B. Applications shall be made only on said official forms.

• C. Each form shall be addressed to the City Manager and shall show:

  1. Name and address of applicant, who must be the owner of such bench;

  2. Location of the bench;

  3. A description of the bench showing its type, general dimensions, and the material of its construction;

  4. A statement by applicant that applicant is familiar with the provisions of this chapter, and if granted the permit applied for, will observe, abide by and be bound by, such provisions.

• D. Compliance will be made with the following rules:

  1. The fee shall be $4 per bench. All fees shall be collected by the Director of Finance. Said fees shall be collected at the time of the issuance of the permit.

  2. Any person who objects to the denial by the City Manager of an application for a permit or who objects to the installation or maintenance of a bench may petition the City Council for a hearing. The City Council after such hearing shall decide if the bench shall be installed or removed or that the permit be revoked. The decision of the City Council shall be final. Should an application be denied or revoked, all future applications for this location will be denied unless the reason for such denial has been eliminated.

3. Each permit and each renewal permit shall expire on December 31, next following the date of its issuance unless renewed. If the renewal be granted, the renewal fee of $4 per bench shall be charged.

4. Application for renewal must be made prior to the expiration date of permit, and must be accompanied by the renewal fee.

5. Whenever a bench for which a permit has been issued is sold, or title or control thereof is transferred, a new permit must be obtained by the new owner for its location and maintenance.

6. Benches upon which there appears no advertising shall be known as a "free list of benches" and no permit fee shall be required therefor; however, a one dollar ($1.00) inspection fee shall be collected by the Director of Finance.

7. The City Manager shall not grant more than two bench permits for each location.

Should more than two applications for the same location be received, the first application received shall be given priority.

(Prior code § 8-3.3)

• A. No permittee shall locate or maintain any bench at a point or location other than that specified therefor in the permit for such bench. It shall be the duty of the permittee to maintain each bench at all times in a safe condition and at its proper and lawful location, and to inspect each bench at frequent intervals.

• B. The City Manager shall make or cause to be made inspections of all benches when necessary.

(Prior code § 8-3.4)

No advertisement, sign, printing or writing on any bench shall display the words "Stop," "Look," "Drive-in" or any other word, symbol or character which might reasonably interfere with, mislead or distract traffic.

(Prior code § 8-3.5)

• A. Any bench installed without a permit shall be removed by the City.

• B. After the revocation of any permit, the City Council may order the removal and storage of the bench, if the permittee fails to do so within 10 days after notice.

• C. The permittee may recover the bench, if within 60 days after removal, he or she pays the cost of such removal and storage, which shall not exceed $2 for removal and $5 a month for storage, for each such bench. After 60 days, the City Council may sell, destroy or otherwise dispose of the bench at its discretion. All of the foregoing shall be at the sole risk of the permittee; and shall be in addition to any other remedy provided by law for the violation of this chapter.

(Prior code § 8-3.6)

• A. No permit shall be issued pursuant to this chapter unless the applicant shall post and maintain with the City Manager a surety bond or policy or public liability insurance, approved by the City Attorney and conditioned as hereinafter provided.

• B. The bond or policy shall be conditioned that the permittee shall indemnify and save the City of Bellflower, its officers and employees from any and all loss, costs, damages, expenses or liability which may result from or arise out of the granting of the permit, or the installation or the maintenance of the bench for which the permit is issued and that the permittee shall pay any and all loss or damage that may be sustained by any person as a result of, or which may be caused by or may arise out of such installation or maintenance. The bond or policy of insurance shall be maintained in its original amount by the permittee at his/her expense at all times during the period for which the permit is in effect. In the event that two or more permits are issued to one permittee, one such bond or policy of insurance may be furnished to cover two or more benches, and each bond or policy shall be of such a type that its coverage shall be automatically restored immediately from and after the time of the reporting of any accident for which liability may thereafter accrue.

• C. The limit of liability upon any bond or policy of insurance, posted pursuant to the requirements of this chapter, shall in no case be less than $10,000 for bodily injuries to or for the death of one person, nor less than $2,000 for property damage. The permissible limit of liability for bodily injuries or death of more than one person shall depend upon the number of bench permits covered thereby and shall not be less than the amount specified in the following schedule:

Text read from an image; its layout may differ:
No. of Bench Permits Limit of Public Liabilities Property Damage
1 to 10 $10,000.00 $2,000.00
11 to 50 20,000.00 3,000.00
51 to 100 40,000.00 4,000.00
101 or more 80,000.00 5,000.00

(Prior code § 8-3.7)

The Director of Finance shall keep and maintain an index file of all permits granted or renewed under the provisions of this chapter.

(Prior code § 8-3.8)

All permits issued under this chapter shall be temporary only and shall be revocable at the pleasure of the City Council at any time without notice and without liability, and must be accepted accordingly. No refund of any fees paid prior to such revocation will be refunded. (Prior code § 8-3.9)

City of Bellflower, CA § 12.12.100 STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.12.100

The City Manager shall enforce or cause to be enforced the provision of this chapter. The City Manager shall make or cause to be made annual surveys as to the condition of all such benches hereunder permitted.

(Prior code § 8-3.10)